Virginia's top law enforcement official on Thursday said he would not defend the state's voter-approved constitutional amendment banning same-sex marriage and that he will actively work to overturn the law.

Virginia Attorney General Mark R. Herring, saying it's "time for the commonwealth to be on the right side of history and the right side of the law," also announced that he would join a federal lawsuit on behalf of two gay couples who are challenging the ban.

Advocates of same-sex marriage, including Gov. Terry McAuliffe, cheered the move, while opponents decried it as a gross misuse of the power of Mr. Herring's office.

Virginia Virtucon says Herring should be removed from office :

If Virginia Attorney General Mark Herring wants to repeal the 2006 voter approved state constitutional amendment prohibiting same-sex marriage in Virginia, then the proper procedure to do that is through voter approval of an amendment repealing it. Herring's decision to unilaterally declare it unconstitutional, not defend it in court and instead side with plaintiffs seeking to strike it down is a direct violation of his sworn duty as Attorney General to defend the state's constitution and its laws, which should result in hisimpeachment and removal from office under the "neglect of duty" provision contained in the Constitution of Virginia.